Lucia L. Miller v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Lucia L. Miller v. Wells Fargo Bank, N.A.

193 So. 3d 1108, 2016 Fla. App. LEXIS 9989, 2016 WL 3549479

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 2016

Docket4D15-1161

StatusPublished

This text of 193 So. 3d 1108 (Lucia L. Miller v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lucia L. Miller v. Wells Fargo Bank, N.A., 193 So. 3d 1108, 2016 Fla. App. LEXIS 9989, 2016 WL 3549479 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Lucia Miller appeals from a final judgment of mortgage foreclosure. She argues a single issue on appeal, with respect to which the appellee, Wells Fargo Bank, N.A. as Trustee for a specific trust, concedes error. Specifically, the appellee con *1109 cedes that the trial court erred by entering final judgment when the appellee failed to prove that it had standing because its witness testified that another entity had possession of the blank-indorsed note at the time the complaint was filed. See Tremblay v. U.S. Bank, N.A., 164 So.3d 85, 86 (Fla. 4th DCA 2015). We accept the ap-pellee’s confession of error, vacate the final judgment, and remand with instructions to enter an order of involuntary dismissal based on the lack of standing. See Rodriguez v. Wells Fargo Bank, N.A,, 178 So.3d 62, 64 (Fla. 4th DCA 2015).

Reversed and remanded.

GROSS, TAYLOR and FORST, JJ., concur.

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PER CURIAM.

Lucia Miller appeals from a final judgment of mortgage foreclosure. She argues a single issue on appeal, with respect to which the appellee, Wells Fargo Bank, N.A. as Trustee for a specific trust, concedes error. Specifically, the appellee con *1109 cedes that the trial court erred by entering final judgment when the appellee failed to prove that it had standing because its witness testified that another entity had possession of the blank-indorsed note at the time the complaint was filed. See Tremblay v. U.S. Bank, N.A., 164 So.3d 85, 86 (Fla. 4th DCA 2015). We accept the ap-pellee’s confession of error, vacate the final judgment, and remand with instructions to enter an order of involuntary dismissal based on the lack of standing. See Rodriguez v. Wells Fargo Bank, N.A,, 178 So.3d 62, 64 (Fla. 4th DCA 2015).

Reversed and remanded.

GROSS, TAYLOR and FORST, JJ., concur.

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193 So. 3d 1108, 2016 Fla. App. LEXIS 9989, 2016 WL 3549479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucia-l-miller-v-wells-fargo-bank-na-fladistctapp-2016.

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